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FOR PUBLICATION

ATTORNEY FOR APPELLANT: JOHN PINNOW Special Assistant to the State Public Defender Greenwood, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana GEORGE P. SHERMAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES E. SHEPARD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 60A01-0506-PC-250

APPEAL FROM THE OWEN CIRCUIT COURT The Honorable Frank M. Nardi, Judge Cause No. 60C01-0206-FB-312

December 30, 2005

OPINION - FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE James Shepard appeals his conviction for Burglary, as a Class B felony, and his sentence following that conviction and his convictions for three counts of Theft, one count of Auto Theft, and one count of Attempted Auto Theft. He presents three issues for our review: 1. Whether the State presented sufficient evidence to support his burglary conviction. Whether the trial court abused its discretion when it imposed consecutive sentences. Whether the trial court erred when it ordered restitution as a condition of probation without fixing the manner of performance.

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We affirm in part, reverse in part, and remand with instructions. FACTS AND PROCEDURAL HISTORY In April or May 2002, Shepard broke into Andrew Hybarger's garage and stole two shotguns. In April 2002, Shepard stole a rifle and a shotgun from Mark Chamness, an electric pressure washer from Jason Meurer, a portable mig welder and a pressure washer from Dave Hamlin, and a motorcycle from Jeff Sturgell. In addition, Shepard attempted to steal a van from World Arts, Inc. The State charged Shepard with burglary, as a Class B felony, three counts of theft, as Class D felonies, auto theft, as a Class D felony, and attempted auto theft, as a Class D felony. A jury found him guilty as charged, and the trial court entered judgment of conviction accordingly. The trial court imposed the presumptive sentence for each conviction and ordered that they run consecutively, for an aggregate term of seventeen and one-half years, with seven and

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one-half years suspended. In addition, the trial court ordered that Shepard pay restitution to the victims totaling $1724. This appeal ensued. DISCUSSION AND DECISION Issue One: Sufficiency of the Evidence Shepard first contends that the State presented insufficient evidence to support his conviction for burglary, as a Class B felony. When reviewing the claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of the witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind. 2003). We look only to the probative evidence supporting the judgment and the reasonable inferences therein to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. If there is substantial evidence of probative value to support the conviction, it will not be set aside. Id. To prove burglary, as a Class B felony, the State was required to show that Shepard broke into and entered Hybarger's dwelling with intent to commit a felony in it. See Ind. Code

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